Kannon Hunter – Fifth Article

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The framers of the Constitution sought to create a government that would address the weaknesses of the Articles of Confederation, the first governing document of the United States. The Articles had proven ineffective in providing a strong central authority and lacked provisions for amending the document. The framers recognized the need for a more flexible and adaptable system that could withstand the test of time. This led to the inclusion of Article 5 in the Constitution, which provides a formal and organized mechanism for amending the Constitution.

The historical forces giving rise to Article 5 can be attributed to the failures of the Articles of Confederation, the influence of Enlightenment ideas, the experiences of the American Revolution, the desire to balance federal and state powers, and the need for a flexible system of governance. These factors shaped the framers’ vision for a constitution that could be amended to meet the evolving needs of the nation while preserving its core principles.

Article 5’s primary significance lies in its provision for amending the Constitution. It allows for the adaptation of the Constitution as societal needs and conditions change over time. This ensures that the Constitution remains relevant and avoids becoming rigid or outdated. However, there are divergent interpretations of Article 5, particularly regarding the power of Congress in the amendment process. Some interpretations emphasize Congress’s sole authority to propose amendments, while others argue that a convention of states can independently propose amendments.

While there isn’t a specific Supreme Court decision addressing this debate, the case of Dillon v. Gloss (1921) clarified that Congress can set deadlines for the ratification of proposed amendments. While some scholars have argued that Article 5 should be changed to allow for an easier path to proposing and ratifying constitutional amendments, the debated interpretation “How We Change The Constitution (Hint: It’s not by amending it)” by David A, Strauss is particularly persuasive because it gives direct examples of how many of the rules and areas covered by the Constitution have changed over time, even though the number of constitutional amendments has been limited and the process to propose and ratify an amendment is strict.

Strauss gives compelling examples of instances where the interpretation of the Constitution has changed, even though the specific text of the document has not. For example, even though the Equal Rights Amendment was never officially ratified, women continued to gain equality through other channels, like legal battles in the courts. Regarding the suggested adaptation of the amendment process, one argument proposes changing the requirement to two-thirds and three-fourths of the popular vote instead of relying on the House of Representatives and State Legislatures. An argument can be made that allowing the people to directly vote on changing the Constitution will lead to a more efficient path to enacting amendments.

However, it is important to consider the potential consequences of such a change. The general population may be easily influenced by political propaganda, and the media or may not fully understand the serious implications of more easily proposed and passed constitutional amendments. While the high thresholds for proposing and ratifying constitutional amendments impose challenges that have resulted in only 27 constitutional amendments having ever been instituted, they were put in place by the Founding Fathers for good reasons. Altering the process based solely on popular vote may not necessarily represent the long-term will and best interests of the nation.  

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